• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ingress/Egress Easment Issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Lynchll

Junior Member
What is the name of your state (only U.S. law)? Ohio

We are building a house in a rural development. The developer was required by the county engineer to create a 60' wide ingress/egress easment along one side of our property. The main drive into the development is on the opposite side of our property. The developer told us the ingress/egress would need to have a small (8 to 10 ft wide) gravel path/drive created for emergency access in case the main drive would somehow become blocked (i.e. - by trees falling over).

We would like to add a farm gate (unlocked) at the front and back of the ingress/egress drive on our property. We are concerned that non-authorized, non-emergency vechicles will use the ingress/egress drive which is only about 50' from our new house (we have already seen several vehicles drive along the path). The developer indicated a high degree of discomfort/uneasiness when we suggested this - concerned that the county hasn't fully approved the ingress/egress road.

Our orginal understanding was the ingress/egress would only be a dirt farm path. Now it is a gravel road anywhere from 8 to 16 ft wide. To us this has taken away the value that we saw when we first purchased the land. We don't want anymore encroachment on our land in the area we thought would be kept mostly natural.

The deed to the property describes the physical location and size of the easment. The only detailed description states: "Containing 1.753 acres, but being subject to the rights of all legal highways and all easements of record." We don't know what "the rights of all legal highways and all easements of record" are for our county or state. Can you help us determine if there are any restrictions on what we can do with the easement ingress/egress road?

Thanks
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Ohio

We are building a house in a rural development. The developer was required by the county engineer to create a 60' wide ingress/egress easment along one side of our property. The main drive into the development is on the opposite side of our property. The developer told us the ingress/egress would need to have a small (8 to 10 ft wide) gravel path/drive created for emergency access in case the main drive would somehow become blocked (i.e. - by trees falling over).

We would like to add a farm gate (unlocked) at the front and back of the ingress/egress drive on our property. We are concerned that non-authorized, non-emergency vechicles will use the ingress/egress drive which is only about 50' from our new house (we have already seen several vehicles drive along the path). The developer indicated a high degree of discomfort/uneasiness when we suggested this - concerned that the county hasn't fully approved the ingress/egress road.

Our orginal understanding was the ingress/egress would only be a dirt farm path. Now it is a gravel road anywhere from 8 to 16 ft wide. To us this has taken away the value that we saw when we first purchased the land. We don't want anymore encroachment on our land in the area we thought would be kept mostly natural.

The deed to the property describes the physical location and size of the easment. The only detailed description states: "Containing 1.753 acres, but being subject to the rights of all legal highways and all easements of record." We don't know what "the rights of all legal highways and all easements of record" are for our county or state. Can you help us determine if there are any restrictions on what we can do with the easement ingress/egress road?

Thanks


**A: you have to read the recorded easement agreement.
 

Zigner

Senior Member, Non-Attorney
This is a duplicate post/thread. See https://forum.freeadvice.com/showthread.php?t=424526
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top